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Home My WebLink About5878AGENDA BILL CITY OF BREMERTON �� CITY COUNCIL SUBJECT: Study Session Date: Contract Modification Agreement No. 3 with COUNCIL MEETING Date: Rice Fergus Miller, Inc. to provide Bid Department: Specifications for Removal/Disposal of Presenter: Hazardous Materials at Fire Stations No. 2 Phone: and No. 3 January 8, 2020 February 5, 2020 Public Works & Utilities Tom Knuckey 360-473-2376 SUMMARY: On October 17, 2018 the city executed a Professional Services Agreement with Rice Fergus Miller, Inc. to design an interior remodel of Fire Stations No. 2 and No. 3. Contract Modification No. 1 was executed on June 10, 2019 for additional structural engineering and design work, per city DCD for required egress. Contract Modification No. 2 was to complete a Hazardous Material Inspection and Report for each Fire Station which is required before final design plans and permits can be completed. This proposed Contract Modification No. 3 is to provide bid specifications for removal/disposal of Hazardous Materials identified in the previous reports for each station. ATTACHMENTS: 1) Contract Modification Agreement No. 3; and 2) AIA Document G803 Amendment to the Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Fund are available for this Modification Agreement within the Fire Public Safety Bond Fund 316 budget of $981,531.00. The total cost of the design increase is approximately $118,000.00 and can be absorbed within the existing budget. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Contract Modification Agreement No. 3 for specifications for removal/disposal of Hazardous Materials with Rice Fergus Miller, Inc. and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: JvApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CONTRACT MODIFICATION AGREEMENT NO. 03 BETWEEN THE CITY OF BREMERTON AND CONSULTANT PROJECT Design and Engineering Services for the Interior Remodel of Fire Station No. 2 and Fire Station No. 3. CONSULTANT Rice Fergus Miller, Inc. DATE 11/25/19 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Rice Fergus Miller, Inc. on October 19,2018 and as modified on 08/06/19 CM No. 02. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See Amended Scope of Work attached as Exhibit A—AIA Document G802 - 03 Section II. Term _, is modified as follows: No Change. Section III. Compensation , is modified as follows: The original contract amount was$69,445.00 Dollars. The current contract amount, including all previous amendments is S95,817.75 Dollars. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed S22,327.00 Dollars for a total amended contract amount of$118144.75, including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. Page 1 of 2 Contract Modification Rev.07/18 The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change,and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. / / City Engineer/Public Works Director approved to pro ms �7/f 1 Initials and Date) CO ULT i, ' THE CITY OF BREMERTON By: , ' , By: W IA...-0 Pri ry - Print Naf • C7 re W�►e.ate V �� a►• Its: � �,.. L�wie l tiCAK Its: M a or Date: ils 'Zito Date: ,. me7..o APPROVED AS TO FORM: ATTEST: By: �✓ B ih ti ' i ( : /vim Y ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Chris Mottner Title: Facilities Supervisor City of Bremerton Facilities 100 Oyster Bay Avenue N. Bremerton, WA 98312 Phone/Fax: 3 60-473-2316 R:\Lega1\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev.07 2018.docx Page 2 of 2 Contract Modification Rev. 07/18 Document G802TM - 2017 Amendment to the Professional Services Agreement PROJECT:(name and address) AGREEMENT INFORMATION: AMENDMENT INFORMATION: 2018045.00 Bremerton Fire Department Date:June 26,2018 Amendment Number:03 Planning and Facilities Improvements Bremerton,WA Date:October 28,2019 OWNER:(name and address) ARCHITECT:(name and address) City Of Bremerton Rice Fergus Miller,Inc 345 Sixth Street,Suite 100 275 5th Street,Suite 100 Bremerton,WA 98337 Bremerton,WA 98337 The Owner and Architect amend the Agreement as follows: Structural service for the new egress door and associated structural improvements;and HAZMAT services for Bidding and Construction Administration: Egress doors and associated structural design:design and permit drawings were performed under Amendment 01 Under Amendment 03,Rice Fergus Miller will coordinate with the the structural engineer throughout the bidding and construction administration phases,per the attached exihibits. HAZMAT Good Faith Inspection and Report was preformed/delivered under Amendment 02. Under Amendment 03,Rice Fergus Miller will coordinate with the HAZMAT consultant to provide an bid specification for removal/disposal of hazardous materials identified in the Good Faith Report for each station.RFM will coordinate with HAZMAT consultant during bidding and and construction administration,per the attached exihibits The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Fixed fee to a maximum of twenty two thousand three hundred twenty seven dollars($22,327). RFM $4,500.00 Art Anderson: Structural $4,290.00 EHSI: Hazmat $13,537.00 Schedule Adjustment: No change. SIGNATURES: - \\ .ce Fer u i Inc. -C-`'4 OF CST C C CHITE i rl'name) � OWNE irm name) S ATURE SIIG�N"A E David A.Fergus,Principal �l'G 4-o LeA.-,GC ` `A.t{'�C PRINTED NAME AND TITLE PRINTE�DIAME AND TITLE t October 28,2019 V 2.4 ''Zp 7-0 DATE DATE AIA Document G802•"—2017.Copyright©2000,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:05:58 ET on 10/31/2019 under Order No.6841061270 which expires on 10/30/2020,and is not for resale. User Notes: (3B9ADA4C) ART ANDERSON May 9, 2019 FARFM088 Rice Fergus Miller Attn: Howard Struve 275 Fifth Street Suite 100 Bremerton, WA 98377 Re: Bremerton Fire Department Improvements— Exterior Doors Bid and Construction Support Dear Howard: Art Anderson Associates is pleased to provide our proposal for structural and mechanical engineering support during the bid and construction phases related to the addition of new exterior doors to dormitories of Bremerton Fire Stations 2 and 3 based on the emails you had sent to us on the 25th of February 2019 and the 6th of May 2019. Scope of Services We will provide Bid Phase and Construction Support for the following scope of work based on our Design proposal dated May 9, 2019: • New exterior door sawcut through existing CMU bearing/shear wall • Interior wood stud partition bracing • Miscellaneous CMU wall saw cutting at existing window openings • Exterior concrete pad and possible anchorage for heat pump unit. Inclusions A. Bid Phase: Respond to pre-bid inquiries that are coursed through Rice Fergus Miller (RFM) B. Construction Support: o Responding to Contractor's RFIs o Reviewing and commenting on submittals Exclusions The proposal was based on the following assumptions: • Participation in any meeting is not anticipated, and not included in this proposal. • Stations 2 and 3 are identical buildings with identical improvement scope, planned with concurrent design and construction schedules. • Site visits are not part of this proposal. 202 Pacific Avenue, Bremerton, WA 98337 1360-479-5600 V � ART ANDERSON For the Scope of work stated above we are proposing a Firm Fixed Prices of: A. Bid Phase: $1,400 B. Construction Support: $2,500 Services outside the scope of services described herein shall be considered additional services and shall be negotiated separately. Payments are proposed to be invoiced at the completion of each phase. Thank you for considering Art Anderson Associates as a partner in your success. We look forward to working with such a valued and respected member of our business community. If you have any questions, comments or concerns, please don't hesitate to contact me. Sincerely, Herb Gabales Facilities Market Lead FARFM088 Proposal Letter Page 2 of 2 May 9,2019 ehsiisho Soundtarth Strategies EHS-INTERNATIONAL,INC. DATE: 10/30/19 FILENAME: 19-291 PROJECT: Bremerton Eire Department-Fire Station 2 Dormitory Improvements CONTACT: Howard Struve,Rice Fergus Miller Architects AUTHOR: Nadir Khan ASSIGNMENT: Design and Pre-bid,and CA S1 \I\I.\It\ OI I.1:1(S \\I)(()SI" Task Subtotals Task 02:Asbestos/HAZMAT Removal Design&Pre-bid Labor $2,798 Task 02R:Asbestos/HAZMAT Removal Design&Pre-bid Reimbursables $0 Task 02:Asbestos/HAZMAT Removal Design&Pre-bid Total $2,798 Task 03:Asbestos/HAZMAT Const.Admin Labor $3,675 Tank 03R:Asbestos/HAZMAT Const.Admin Reimbursables $244 Task 03:Asbestos/HAZMAT Const.Admin Total $3,919 Total Pro)osal $6 717 SCOPE OF WORK&ASSt \IPTIONS Time and Materials"not to exceed"fee proposal for professional hazardous materials consulting services for the Rice Fergus Miller Architects(RFMA)at the Bremerton Fire Department(BFD),Fire Station 2(FS2)Dormitory Improvement Project located at 5005 Kitsap Way,Bremerton,WA.This proposal includes pre-renovation asbestos-containing material(ACM)and hazardous materials (HAZMAT)abetment design,pre-bid services for removal and disposal of impacted ACM and HAZMAT.This proposal also includes construction administrative services and closeout services associated with the proposed project.This fee proposal is based on drawings dated 9/20/19 and email correspondence between RFMA and EHSI confirming the scope of work and EHSI's current Limited Asbestos and Hazardous Materials Survey findings for this project. Task 02-Asbestos/HAZMAT Removal Design and Pre-bid Services 1.EHSI will prepare bid documents for the removal and disposal of Asbestos/HAZMAT expected to be impacted by the proposed demolition project. a.EHSI will prepare specifications for the removal and disposal of ACM and Hg-containing fluorescent light tubes. b.EHSI will prepare HAZMAT removal drawings for inclusion in the project bid set. c.EHSI will prepare 95%review and 100%design drawings and bid set specifications,only.Any other design submittals will only be prepared at the direction of RFMA at the same time and materials rate as specified herein. Task 03-Asbestos/HAZMAT Const.Admin Services 1.EHSI will review and respond to the Contractor's asbestos and hazardous materials work plans and pre-work submittals. 2.EHSI will provide two(2)days of industrial hygiene technician contractor monitoring site visits(approximately 6 hours per site visit)while the structure is being abated.This assumes no more than two days of abatement with 2 site visits during those two days.Note:During these site visits,EHSI will monitor and report on Contractor compliance with contract and regulatory requirements and assess Contractor progress for response to pay requests. 3.EHSI will accomplish independent"third party"final visual asbestos and HAZMAT removal completion inspections to confirm compliance with the contract documents following the Contractor's L&I DOSH final visual inspections and review of Contractor's pre-demo PCM clearances,but will not run independent air sampling. 4.EHSI will review and respond to RFIs,CORs,and abatement contractor pay requests. 5.EHSI will review periodic and final submittals for the bid package and prepare a final close-out report for the HAZMAT work accomplished. By my signature below,I authorize Design,Pre-bid,and Construction Administration Services as described herein and grant EHSI approval to proceed,as noted. Howard Struve,RFMA Date *****PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 1 of 3 eh'as SnundtaM Strat,,e.. EHS-INTERNATIONAL,INC. DATE: 10/30/2019 FILENAME: 19-291 PROJECT: Bremerton Fire Department-Fire Station 2 Dormitory Improvements CONTACT: Howard Struve,Rice Fergus Miller Architects AUTHOR: Nadir Khan ASSIGNMENT: Design and Pre-bid,and CA I ,..I:112-II UN!k I DESK:A&PRI:BID CODE\TASK Technical Sr.PM AHERA IH Tech CAD Contract Word/IH Asst. Director/CIH Designer/PM Admin HAZMAT Technical Specs(95%and Final) 0.5 3.0 2.0 2.0 0.0 0.0 4.0 HA Drawings(95%and Final) 1.0 3.0 2.0 0.0 4.0 0.0 1.0 Project Management 0.0 3.0 2.0 0.0 0.0 1.0 0.0 Hour Totals: 1.5 9.0 6.0 2.0 4.0 1.0 5.0 Billing Rate: $145.00 $125.00 $95.00 $80.00 $80.00 $80.00 $65.00 Wage Subtotals: $218 $1,125 $570 $160 $320 $80 $325 LABOR COSTS: TOTAL DIRECT LABOR: $2,798 OTHER DIRECT COSTS: Courier/FedEx/postage: $25 /delivery 0 deliveries $0 Survey consumables: $20 /day 0 day $0 DIRECT COST SUBTOTAL: $0 Direct cost mark-up 10.00% $0 LABORATORY COSTS:(24 hr.TAT) Asbestos bulk sample analysis $11 /sample 0 samples $0 Asbestos Point Count analysis $25 /sample 0 samples $0 Asbestos bulk sample analysis(QA) $17 /sample 0 samples $0 LABORATORY COST SUBTOTAL: $0 Laboratory cost mark-up 20.00% $0 TRANSPORTATION COSTS: Mileage $0.580 0 mi. $0 TRANSPORTATION COST SUBTOTAL: $0 TOTAL REIMBURSABLES: $0 TOTAL COSTS,THIS SHEET: $2,798 *****PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 2 of 3 ehs D Snundtartfi,trategie EHS-INTERNATIONAL,INC. DATE: 10/30/19 FILENAME: 19-291 PROJECT: Bremerton Fire Department-Fire Station 2 Dormitory Improvements CONTACT: Howard Struve,Rice Fergus Miller Architects AUTHOR: Nadir Khan ASSIGNMENT: Design and Pre-bid,and CA TASK 03-ILA/NI_tI ('OAS I._Al)VIIA SI?R\I( I:, CODE\TASK Technical Sr.PM AHERA IH Tech CAD Contract Word/IH Asst. Director/CIH Designer/PM Admin Pre-work Submittal Review 0.0 0.5 1.0 2.0 0.0 0.0 3.0 IH Tech On-site Contractor Oversight and Visual Clearances(2 visits,plus travel) 0.0 0.0 0.0 12.0 0.0 0.0 0.0 ACM Sample Handling/Delivery 0.0 0.0 0.0 0.5 0.0 0.0 0.5 Respond to RFIs,CORs&Pay Requests 0.0 2.0 1.0 0.0 0.0 0.0 0.0 Project Management 0.0 2.0 1.5 0.0 0.0 1.0 0.0 Review Periodic&Final Submittals 0.0 1.0 1.0 3.0 0.0 0.0 3.0 Prepare ACM&HAZMAT Closeout Rpt 0.0 0.5 1.0 3.0 0.0 0.0 4.0 Hour Totals: 0.0 6.0 5.5 20.5 0.0 1.0 10.5 Billing Rate: $145.00 $125.00 $95.00 $80.00 $80.00 $80.00 $65.00 Wage Subtotals: $0 $750 $523 $1,640 $0 $80 $683 LABOR COSTS: TOTAL DIRECT LABOR: $3,675 OTHER DIRECT COSTS: Oversight Consumables $20 /day 2 days $40 DIRECT COST SUBTOTAL: $40 Direct cost mark-up 10.00% $4 EQUIPMENT COSTS: Air Sample Kit(Sampling pumps and rotameter) $75 /day 0 days $0 EQUIPMENT COST SUBTOTAL: $0 LABORATORY COSTS: Asbestos Air Sample analysis(PCM-24 hr TAT) $20 /sample 4 samples $80 (incl.req.blanks) PLM Bulk Sample analysis(for discovery of concealed materials during $20 /sample 0 samples $0 LABORATORY COST SUBTOTAL: $80 Laboratory cost mark-up 20.00% $16 TRANSPORTATION COSTS: Mileage(2 visits) $0.580 180 mi. $104 TRANSPORTATION COST SUBTOTAL: $104 TOTAL REIMBURSABLES: $244 TOTAL COSTS,THIS SHEET: $3,919 ***** PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 3 of 3 ehsio ,SoundEarth Strategies EHS-INTERNATIONAL,INC. DATE: 10/30/19 FILENAME: 19-292 PROJECT: Bremerton Fire Department-Fire Station 3 Dormitory Improvements CONTACT: Howard Struve,Rice Fergus Miller Architects AUTHOR: Nadir Khan/Derica Escamilla ASSIGNMENT:Design and Pre-bid,and CA "1 AIAIVIn OI II Cti VAI)(()SIS Task Subtotals Task 02:Asbestos/HAZMAT Removal Design&Pre-bid Labor $2,573 Task 02R:Asbestos/HAZMAT Removal Design&Pre-bid Reimbursables $0 Task 02:Asbestos/HAZMAT Removal Design&Pre-bid Total $2,573 Task 03:Asbestos/HAZMAT Const.Admin Labor $2,943 Tank 03R:Asbestos/HAZMAT Const.Admin Reimbursables $74 Task 03:Asbestos/HAZMAT Const.Admin Total $3,017 Total Pro.osal $5 589 SCOPE OF WORK&ASSUMPTIONS Time and Materials"not to exceed"fee proposal for professional hazardous materials consulting services for the Rice Fergus Miller Architects(RFMA)at the Bremerton Fire Department(BFD),Fire Station 3(FS3)Dormitory Improvement Project located at 3031 Olympus Drive,Bremerton,WA.This proposal includes pre-renovation asbestos-containing material(ACM)and hazardous materials (HAZMAT)abatement design,pre-bid services for removal and disposal of impacted ACM and HAZMAT.This proposal also includes construction administrative services and closeout services associated with the proposed project.This fee proposal is based on drawings dated 9/20/19 and email correspondence between RFMA and EHSI confirming the scope of work and EHSI's current Limited Asbestos and Hazardous Materials Survey findings for this project. Task 02-Asbestos/HAZMAT Removal Design and Pre-bid Services 1.EHSI will prepare bid documents for the removal and disposal of Asbestos/HAZMAT expected to be impacted by the proposed demolition project. a.EHSI will prepare specifications for the removal and disposal of ACM and Hg-containing fluorescent light tubes. b.EHSI will prepare HAZMAT removal drawings for inclusion in the project bid set. c.EHSI will prepare 95%review and 100%design drawings and bid set specifications,only.Any other design submittals will only be prepared at the direction of RFMA at the same time and materials rate as specified herein. Task 03-Asbestos/HAZMAT Const.Admin Services 1.EHSI will review and respond to the Contractor's asbestos and hazardous materials work plans and pre-work submittals. 2.EHSI will provide two(2)days of industrial hygiene technician contractor monitoring site visits(approximately 6 hours per site visit)while the structure is being abated.This assumes no more than two days of abatement with 2 site visits during those two days.Note:During these site visits,EHSI will monitor and report on Contractor compliance with contract and regulatory requirements and assess Contractor progress for response to pay requests. 3.EHSI will accomplish independent"third party"final visual asbestos and HAZMAT removal completion inspections to confirm compliance with the contract documents following the Contractor's L&I DOSH fmal visual inspections and review of Contractor's pre-demo PCM clearances,but will not run independent air sampling. 4.EHSI will review and respond to RFIs,CORs,and abatement contractor pay requests. 5.EHSI will review periodic and final submittals for the bid package and prepare a final close-out report for the HAZMAT work accomplished. By my signature below,I authorize Design,Pre-bid,and Construction Administration Services as described herein and grant EHSI approval to proceed,as noted. Howard Struve,RFMA Date *****PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 1 of 3 a Jo ehsi Saundtarlh Strategies EHS-INTERNATIONAL,INC. DATE: 10/30/2019 FILENAME: 19-292 PROJECT: Bremerton Fire Department-Fire Station 3 Dormitory Improvements CONTACT: Howard Struve,Rice Fergus Miller Architects AUTHOR: Nadir Khan/Derica Escamilla ASSIGNMENT: Design and Pre-bid,and CA TASK 02-II.-A"/.ALk I'DI:SIGA&PRI-RID CODE\TASK Technical Sr.PM AHERA IH Tech CAD Contract Word/IH Asst. Director/CIH Designer/PM Admin HAZMAT Technical Specs(95%and Final) 1.0 3.0 2.0 2.0 0.0 0.0 4.0 HA Drawings(95%and Final) 1.0 2.0 2.0 0.0 4.0 0.0 1.0 Project Management 0.0 2.0 1.5 0.0 0.0 1.0 0.0 Hour Totals: 2.0 7.0 5.5 2.0 4.0 1.0 5.0 Billing Rate: $145.00 $125.00 $95.00 $80.00 $80.00 $80.00 $65.00 Wage Subtotals: $290 $875 $523 $160 $320 $80 $325 LABOR COSTS: TOTAL DIRECT LABOR: $2,573 OTHER DIRECT COSTS: Courier/FedEx/postage: $25 /delivery 0 deliveries $0 Survey consumables: $20 /day 0 day SO DIRECT COST SUBTOTAL: $0 Direct cost mark-up 10.00% $0 LABORATORY COSTS:(24 hr.TAT) Asbestos bulk sample analysis $11 /sample 0 samples $0 Asbestos Point Count analysis $25 /sample 0 samples $0 Asbestos bulk sample analysis(QA) $17 /sample 0 samples $0 LABORATORY COST SUBTOTAL: $0 Laboratory cost mark-up 20.00% $0 TRANSPORTATION COSTS: Mileage $0.580 0 mi. $0 TRANSPORTATION COST SUBTOTAL: $0 TOTAL REIMBURSABLES: $0 TOTAL COSTS,THIS SHEET: $2,573 *****PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 2 of 3 ehsiND Soundtarttt Strategies EHS-INTERNATIONAL,INC. DATE: 10/30/19 FILENAME: 19-292 PROJECT: Bremerton Fire Department-Fire Station 3 Dormitory Improvements CONTACT: Howard Struve,Rice Fergus Miller Architects AUTHOR: Nadir Khan/Derica Escamilla ASSIGNMENT:Design and Pre-bid,and CA IVSF113-II.AZV1.Al (()ASI..AI)AIIA SI.12\1(ES CODE\TASK Technical Sr.PM AHERA IH Tech CAD Contract Word/IH Asst. Director/CIH Designer/PM Admin Pre-work Submittal Review 0.0 0.5 1.0 2.0 0.0 0.0 2.0 IH Tech On-site Contractor Oversight and Visual Clearances(1 visit,plus travel) 0.0 0.0 0.0 6.0 0.0 0.0 0.0 ACM Sample Handling/Delivery 0.0 0.0 0.0 0.5 0.0 0.0 0.5 Respond to RFIs,CORs&Pay Requests 0.0 1.0 1.0 0.0 0.0 0.0 0.0 Pre-abatement Kickoff Mtg/Pre-con(Xl) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Project Management 0.0 1.5 1.5 0.0 0.0 1.0 0.0 Review Periodic&Final Submittals 0.0 1.0 1.0 3.0 0.0 0.0 3.0 Prepare ACM&HAZMAT Closeout Rpt 0.0 0.5 1.0 3.0 0.0 0.0 4.0 Hour Totals: 0.0 4.5 5.5 14.5 0.0 1.0 9.5 Billing Rate: $145.00 $125.00 $95.00 $80.00 $80.00 $80.00 $65.00 Wage Subtotals: $0 $563 $523 $1,160 $0 $80 $618 LABOR COSTS: TOTAL DIRECT LABOR: $2,943 OTHER DIRECT COSTS: Oversight Consumables $20 /days 1 days $20 DIRECT COST SUBTOTAL: $20 Direct cost mark-up 10.00% $2 EQUIPMENT COSTS: Air Sample Kit(Sampling pumps and rotameter) $75 /day 0 days $0 EQUIPMENT COST SUBTOTAL: $0 LABORATORY COSTS: Asbestos Air Sample analysis(PCM-24 hr TAT) $20 /sample 4 samples $80 (incl.req.blanks) PLM Bulk Sample analysis(for discovery of concealed materials during $20 /sample 0 samples $0 LABORATORY COST SUBTOTAL: $0 Laboratory cost mark-up 20.00% $0 TRANSPORTATION COSTS: Mileage(2 visits) $0.580 90 mi. $52 TRANSPORTATION COST SUBTOTAL: $52 TOTAL REIMBURSABLES: $74 TOTAL COSTS,THIS SHEET: $3,017 ***** PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 3 of 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6G SUBJECT: Standard Form of Agreement (AIA Document B101-2017) between the City of Bremerton and Rice Fergus Miller Architecture for Design & Engineering Services for the Interior Remodel of Fire Station No. 2 and Fire Station No. 3 Study Session Date COUNCIL MEETING Date Department: Presenter: Wayne Hamilton Phone: (360) 473-5207 October 10, 2018 October 17, 2018 PW & Utilities SUMMARY: The Public Works Department is seeking to award the AIA Document B101-2017 Standard Form of Agreement between Owner and Architect, hereinafter "Agreement' to Rice Fergus Miller, Inc. for the design, engineering and other services that are required for the construction plans and bidding documents for the remodels of Fire Station #2 and Fire Station #3. Bond Ordinance No. 5291. ATTACHMENTS: 1) AIA Standard Form of Agreement; 2) Bond Ordinance No. 5291; 3) Consultant Proposal Evaluation Form FISCAL IMPACTS (Include Budgeted Amount): Funds are available for this agreement within the Public Safety Bond Funds. $69,445.00 STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the AIA document B101-2017 Standard Form of Agreement between Owner and Architect, between Rice Fergus Miller, Inc. and the City of Bremerton for the Interior Remodel of Fire Station No. 2 and Fire Station No. 3; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: VApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 11-1;-AIA TMDocument B101 -2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twenty Seventh day of June in the year Two Thousand Eighteen (In words, indicate day, month and year) ADDITIONS AND DELETIONS: BETWEEN the Architect's client identified as the Owner: The author of this document hasadded (Name, legal status, address and other information) information needed for its completion. The author may also have revised the text of the original Cit of Bremerton City AIA standard form. An Additions and 345 Sixth Street, Suite 100 Deletions Report that notes added Bremerton, WA 98337 information as well as revisions to the standard form text is available from the author and should be reviewed. A and the Architect: vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information Rice Fergus Miller, Inc. and where the author has added to or 275 5th Street, Suite 100 deleted from the original AIA text. Bremerton, WA 98337 This document has important legal Phone Number: 360-377-8773 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. for the following Project: (Name, location and detailed description) 2018045.00 BFD Planning and Facilities Improvements Bremerton, WA Interior Remodel for Fire Stations 2 and 3 The Owner and Architect agree as follows. Init. AIA Document B101- —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.'9 § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Remodels of Bremerton Fire Stations 2 and 3, consisting of converting the existing single large dorm rooms into five individual sleep rooms at each station, incorporating storage for personal items and linen, and modifying the existing mechanical and electrical systems as appropriate. The exterior walls surrounding the dorm room area will be modified to incorporate code required egress windows from each sleep room. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as si_e; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) See the sketches noted as Exhibit C to this Agreement. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) To be determined. § 1.1.4 The Owner's anticipated design and construction milestone dates: AIA Document 1311011" —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) Design phase milestone dates, if any: To be determined. .2 Construction commencement date: To be set in notice(s) to proceed. .3 Substantial Completion date or dates: To be determined. .4 Other milestone dates: § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Idents method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction.) Competitive Public Bid. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Idents and describe the Owner's Sustainable Objective for the Project, if any) No sustainability goals or requirements. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204TM-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information) Fire Chief David Schmitt Bremerton Fire Department 911 Park Avenue Bremerton, WA 98337 § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) Chris Mottner, City of Bremerton § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: None. AIA Document B101— —2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This lntt' AIA9 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis AIA® Document, or any 3 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) .2 Civil Engineer: None. .3 Other, if any: (List any other consultants and contractors retained by the Owner.) None. § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information) David A. Fergus, Principal Ed McManamna, Project Manager Rice Fergus Miller, Inc. 275 5th Street, Suite 100 Bremerton, WA 98337 Email addresses: dfergus@rfmarch.com; emcmanamna@rfinarch.com § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: Art Anderson Associates, 202 Pacific Avenue Bremerton, WA 98337 .2 '.Mechanical Engineer: Art Anderson Associates, 202 Pacific Avenue Bremerton, WA 98337 .3 Electrical Engineer: Art Anderson Associates, 202 Pacific Avenue Bremerton, WA 98337 AIA Document 8101 TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIAll Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 4 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No 6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 1.1.11.2 Consultants retained under Supplemental Services: Professional Cost Estimator: The Robinson Company, Seattle, Washington § 1.1. 12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202Tm-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than two million dollars ($ 2,000,000 ) for each occurrence and two million dollars ($ 2,000,000 ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than one million dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. Init. AIA Document 8101 TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less than that required by Washington State. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than five million dollars ($ 5,000,000 ) per claim and five million dollars ($ 5,000,000 in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. The insurance shall contain a waiver of subrogation against the Owner for claims arising out of any operations, liabilities, and obligations to which coverage applies. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. Init. AIA Document 6101 TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA$ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 6 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. (Paragraphs deleted) § 3.3 Design Phase Services § 3.3.1 Based on the Owner's approval of the Pre -Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: Init. AIA Document B101 TM —2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, orany 7 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 if the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201Tm-2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. Init. AIA Document 8101 TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 8 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. Init. AIA Document 8101- —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 9 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. AIA Document 8101- —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 10 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Programming NP 4.1.1.2 Multiple preliminary designs NP 4.1.1.3 Measured drawings NP 4.1.1.4 Existing facilities surveys NP 4.1.1.5 Site evaluation and planning NP § 4.1.1.6 Building Information Model management NP responsibilities § 4.1.1.7 Development of Building Information Models for NP post construction use 4.1.1.8 Civil engineering NP 4.1.1.9 Landscape design NP 4.1.1.10 Architectural interior design NP 4.1.1.11 Value analysis NO § 4.1.1.12 Detailed cost estimating beyond that Architect required in Section 6.3 4.1.1.13 On-site project representation NP 4.1.1.14 Conformed documents for construction NP 4.1.1.15 As -designed record drawings NP 4.1.1.16 As -constructed record drawings NP 4.1.1.17 Post -occupancy evaluation NP 4.1.1.18 Facility support services NP 4.1.1.19 Tenant -related services NP § 4.1.1.20 Architect's coordination of the Owner's NP consultants 4.1.1.21 Telecommunications/data design NP 4.1.1.22 Security evaluation and planning NP 4.1.1.23 Commissioning NP § 4.1.1.24 Sustainable Project Services pursuant to Section NP 4.1.3 4.1.1.25 Fast-track design services NP 4.1.1.26 Multiple bid packages NP 4.1.1.27 Historic preservation NP 4.1.1.28 Furniture, furnishings, and equipment desi n NP 4.1.1.29 Other services provided by specialty Consultants NP 4.1.1.30 Other Supplemental Services NP § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4. 1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4. 1.1 or, ifsetforth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services) AIA Document 8101 - —2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Inst. AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 11 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) 4.1.1.12 — Detailed Cost Estimating Services § 4.1.2.2 A description of each Supplemental Service identified in Section 4. 1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4. LI or, if set forth in an exhibit, identify the exhibit) No supplemental services are included at this time or anticipated. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204Tm-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, 11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and Init. AIA Document B101- —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis AIA® Document, or any 12 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 One (1 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Four ( 4) visits to the site by the Architect during construction .3 One ( 1 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1) inspections for any portion of the Work to determine completion. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within twenty-four (24 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall be responsible, with the Architect's assistance, in establishing and monitoring the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. (Paragraph deleted) § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. Init. AIA Document 6101 TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 13 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was I produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204T14-2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction Init. AIA Document 61011°' —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 14 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. Init. AIA Document 8101 TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 15 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shalt be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Init. AIA Document 6101 TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 16 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 8.2.4 If the parties do not resolve a dispute through mediation pursggnt to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) § 8.2.5 For all claims and dispute, each party shall be responsible for all its own costs and attorney fees. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. In no case shall the Owner be liable for indirect or consequential damages, such as lost opportunity. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing, fee, or the method for determining any termination or licensing fee.) Init.AIA Document 8101 TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 17 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) Termination Fee: Zero dollars and zero cents. Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: Zero dollars and zero cents. § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site, except insofar as any responsibility Architect may have to its own employees. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. Init. AIA Document 8101- —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis AIA® Document, or any .18 portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: Stipulated Sum (Insert amount) Architectural Services Design Phase $10,680.00 Construction Documents Phase $16,745.00 Bidding Phase $2,770.00 Construction Administration $11,200.00 Engineering Services Art Anderson Associates ($21,000 x 1.10) $23,100.00 Professional Cost Estimating The Robinson Company ($3,000 x 1.10) $3,300.00 Estimating Engineering Systems ($1,500 X1.10) $1,650.00 Total Fee Amount $69,445.00 (Paragraphs deleted) § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Time & Material Basis if required or desired upon written authorization to provide such service. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: ('Insert amount of, or basis for, compensation.) Time & Material Basis if required or desired upon written authorization to provide such service Init. AIA Document 8101- —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 19 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was t produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus ten percent (10 %), or as follows: (Insert amount of, or basis for computing, Architect's consultants' compensation for Supplemental or Additional Services.) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase percent ( %) Design Development Phase percent ( %) Construction Documents percent ( %) Phase Procurement Phase percent ( %) Construction Phase percent ( %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Per Rice Fergus Miller's 2018 Standard Hourly Billing Rates Employee or Category Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 (Paragraphs deleted) Permitting and other fees required by authorities having jurisdiction over the Project; .2 Printing, reproductions, plots, and standard form documents; .3 Postage, handling, and delivery; (Paragraph deleted) .4 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .5 Washington State Sales Tax (Paragraphs deleted) .6 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent (10 %) of the expenses incurred. Init. AIA Document 6110TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA6 Document, or any 20 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.) Not applicable. § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero dollars and zero cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 if a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of zero dollars and zero cents ($ 0.00 ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of'monthly or annual interest agreed upon.) Legal prevailing rate. § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) Limitation of Liability Rice Fergus Miller's total liability to the Owner for all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed the total available amount of Rice Fergus Miller's Professional Liability insurance policy (Rice Fergus Miller's current available amount of Professional Liability Insurance is the full policy of $5,000,000). ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 101TM-2017, Standard Form Agreement Between Owner and Architect (Paragraphs deleted) .2 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) Init. AIA Document B101— —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA$ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 21 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was t produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) (Paragraphs deleted) Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2) Exhibit A: RFM Hourly Billing Rates Exhibit B: Art Anderson Associates Proposal, dated May 17, 2018 Exhibit C: Conceptual Sketches (3 pages) Other documents: (List other documents, if any, forming part of'the Agreement.) This Agreement entered into as of the day and year first written ove. OWNER nature) A TECT (,Sign re) Gy0q v,-2l\v% GeA e,C , Mom of David A. Fergus, Principal (Printed name and title) (Printed name, title, and license number, if'required) Init. AIA Document 6101 TM —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11 Document, or any 22 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was / produced by AIA software at 13:56:55 on 06/27/2018 under Order No.6867148990 which expires on 10/31/2018, and is not for resale. User Notes: (876704335) Rig(e gusmILLER ARCHITECTURE INTERIORS PLANNING V17L111 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2018 Hourly Billing Rates Date of Proposal: June 27, 2018 Project: BFD Interior Remodel Station 2 and 3 Project No.: 2018045.00 Exhibit A The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 200.00 - $ 235.00 Project Manager: $ 95.00 - $ 170.00 Project Architect: $ 135.00 - $ 190.00 Technical Designer / Production Support: $ 80.00 - $ 155.00 Interior Designer: $ 80.00 - $ 200.00 Marketing Staff: $ 100.00 Project Coordinator: $ 65.00- 90.00 Administrative Staff: $ 60.00 - $ 100.00 Graphics Visualization Staff: $ 90.00 - $ 100.00 Exhibit B ART ANDERSON ASSOCIATES VALUE BEYOND ENGINEERING " 17 May 2018 FARFM088.BP Rice Fergus Miller Attn: Dave Fergus 275 Fifth Street Suite 100 Bremerton, WA 98377 Re: Bremerton Fire Department Improvements Attachments: [1] "BFD Conceptual Improvements 4-12-2018" sketch [2] Scope questions and answers email dated 7 May 2018 [3] Facilities Schedule of Charges Dear Dave: Art Anderson Associates is pleased to provide our proposal for engineering services for the Improvements to Bremerton Fire Stations 2 and 3. We understand the objective of the project to be to a single large sleep room into five sleep rooms at Fire Stations 2 and 3. The project will be executed under one owner/architect agreement but will be designed, permitted and bid as separate projects. Scope of Services Inclusions Art Anderson Associates will provide mechanical and electrical design and construction support services for the sleep room modifications for the Fire Stations 2 and 3 as follows: • HVAC system additions/modifications • Plumbing modifications to the extent needed to support the HVAC systems • Lighting and lighting control additions/modifications (AAA will select the light fixtures with input/coordination with owner and architect) • Power (receptacles and power for HVAC) system additions/modifications • Fire Alarm/Detection system additions/modifications (parametric design for a qualified fire alarm contractor to develop detail design/shop drawings as part of the construction work) Construction support services will include: • Reviewing contractor submittals • Responding to contractor Requests for Information (RFI) • 6 hours each for mechanical and electrical for each station for on-site meetings and/or inspections. 202 Pacific Avenue, Bremerton, WA 98337 / 360-479-5600 ART ANDERSON ASSOCIATES VALUE BEYOND ENGINEERING The proposal is based on: • "BFD Conceptual Improvements 4-12-2018" sketch provided by email on 25 April 2018 (Attachment [1]) • Scope questions and answers email dated 7 May 2018 (Attachment [2]) Exclusions The proposal excludes: • Construction cost estimating • Plumbing design outside of scope described above • Additions or modifications to data, communication or CATV systems • Addition of a residential -type fire sprinkler system to the sleeping area For the Scope of work stated above we are proposing a Firm Fixed Price of $21,100 for both Fire Stations 2 and 3. Services outside the scope of services described herein shall be considered additional services subject to Art Anderson Associates' Schedule of Charges (Attachment [3]), and shall be negotiated separately. Thank you for considering Art Anderson Associates as a partner in your success. We look forward to working with such a valued and respected member of our business community. If you have any questions, comments or concerns, please don't hesitate to contact me. Sincerely, Ben Anderson, P.E. President FARFNIo88.BP Page 2 of z 17 May 2018 Exlubit C,/-,, I Y i •m sus �/ '' ., `'t r w � � . ,.....�. _. � t�Milo� e i Val NEW MOLDING i 4 >� VINO / zWwa o m W a o \ECk[aeD SRE PLAN .•..o'-.• - xc�e� V t 6ENETA1- M77L-S /NLL-X 70 044Y✓iM55 _ i t i acwnac�cc. ar..c va�s'm'+..w AlAl ,n -- Kmu. M STAT "oac�""..n'awi"•,u.. .a�w..c.e.,e oaveaxw..sww ;W d ra. � � �.wl , � � ''..�.noavevuwe`aor- n %�•ra. Al 4e.rld�c �wR ` w ^uw-�..c�F arenas o. ^a�.viw.r�. ,yNy --AS SIN Y/C/N17Y A44 - <. -: Nom. Al =751-717 " 4 .- +� a. �Kid Af a r " Irrr tangy Vis= - Wcz OIVPMt ED TM. • Her fig- l M rue ac� � "+• � iii. v�iwrr�vc `,a• �� c+. 3, "..+�'` � w Y ♦ aro ww .Y 1 <rserYw , r I01 v r j Vim"' » i, y � twl � topIli i . d w4. 11 AS ti .,, 'A`'N 9 tel: w•+., � �`—.L.ti C !v^ .ac �:'�.m�,_QI:� MiQ ■ m � 2 M f\ O Ilk ZOO�oLL �x i� 7 �i 'i N�wp swDS! U S' Y� ti�Kry eLevr,T�av ves- cL�uaTiav �o.■R-�•• �-�Al Li L eg1N _. ' _ __— _��—_— —.� � „-a.. f� 77,—/ A -A ,.,,,< _-" a.rar., .vs+<c«e �I n.■ -SEC 7-101,1,5 -45 a� MiQ ■ m � 2 M f\ O Ilk ZOO�oLL �x i� 7 �i 'i N�wp swDS! U S' Y� ti�Kry eLevr,T�av ves- cL�uaTiav �o.■R-�•• �-�Al Li L I&L&IA Document G8O2TM - 2017 Amendment to the Professional Services Agreement PROJECT:(name and address) AGREEMENT INFORMATION: AMENDMENT INFORMATION: 2018045.00 Bremerton Fire Department Date:June 26,2018 Amendment Number:01 Planning and Facilities Improvements Bremerton,WA Date:Revised-May 13,2019 OWNER:(name and address) ARCHITECT:(name and address) S/\ ' 5$7 V City Of Bremerton Rice Fergus Miller,Inc 1"! 345 Sixth Street,Suite 100 275 5th Street,Suite 100 Bremerton,WA 98337 Bremerton,WA 98337 The Owner and Architect amend the Agreement as follows: Design Development and Contract Document Phase Only: City of Bremerton is requiring the addition of a new exterior exit door for the proposed sleep room improvements, per Exhibit A,at Station 2&3 .The existing exterior bearing walls are made of brick masonry and will require the services of structural engineer to review the existing conditions and provide suitable structural support at this new exterior exit door openings.In addition,Rice Fergus Miller will coordinate with the the structural engineer regarding the proposed architectural improvements,per Exhibit A:bracing of the new sleep room partitions to existing structure;and miscellaneous mechanical improvements requiring structural services.Rice Fergus Miller to provide architectural detailing at the new exit door. Bidding,Construction Administration and Completion are not included in these services. The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Structural: Art Anderson $9,670.00 x 1.10=$10,637.00 Rice Fergus Miller: $6,600.00 Schedule Adjustment: No change. SIGNATURES: 'ice Fer•u i • ,Inc. CsArtk ECew1G C'Vto "CHIT C''7 name) OWNER`( 'irm name) a ti i L 'ATURE ' SIGN�� E David A.Fergus,Principal G C'e:q L.56e.tAert r.{u oc PRINTED NAME AND TITLE PRINTED ISI]\ME AND TITLE May 13,2019 12001 01 DATE DATE AIA Document G802'M—2017.Copyright©2000,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any 1 portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 17:10:30 ET on 05/13/2019 under Order No.8795833327 which expires on 10/31/2019,and is not for resale. User Notes: (3B9ADA5B) Exhibit A / ART ANDERSON May 9, 2019 FARFM088 Rice Fergus Miller Attn: Howard Struve 275 Fifth Street Suite 100 Bremerton, WA 98377 Re: Bremerton Fire Department Improvements— Exterior Doors Design Dear Howard: Art Anderson Associates is pleased to provide our proposal for structural and mechanical engineering services for the new exterior doors to be added to dormitories of Bremerton Fire Stations 2 and 3 based on the emails you had sent to us on the 25th of February and the 6th of May 2019. Scope of Services Inclusions We will provide the necessary mechanical modifications relevant to the added exterior door; as well as structural design, calculations, and marked-up drawings as required toward obtaining the Building Permit for this portion of the project. Our scope of services and resulting fees are based on the following: • New exterior door sawcut through existing CMU bearing/shear wall • Interior wood stud partition bracing • Miscellaneous CMU wall saw cutting at existing window openings • Exterior concrete pad and possible anchorage for heat pump unit Exclusions The proposal was based on the following assumptions: • Existing drawings have been provided, therefore on-site as-built review is not anticipated or included. • All coordination meetings assumed to occur via phone and/or video conference. • Stations 2 and 3 are identical buildings with identical improvement scope, planned with concurrent design and construction schedules. • Site visits are not included in this proposal. • Bid and construction support services are not included in this proposal. • Revit modeling of the existing building is not included. 202 Pacific Avenue, Bremerton, WA 98337 I 360-479-5600 Ali For the Scope of work stated above we are proposing a Firm Fixed Price of $9,670. Services outside the scope of services described herein shall be considered additional services and shall be negotiated Y se aratel . p Payment schedule proposed will be: - 50% Submittal $4,700 - 100% Submittal (Permit) $4,970 Total $9,670 Thank you for considering Art Anderson Associates as a partner in your success. We look forward to working with such a valued and respected member of our business community. If you have any questions, comments or concerns, please don't hesitate to contact me. Sincerely, r;:- Herb Gabales Facilities Market Lead FARFM088 Proposal Letter Page 2 of 2 May 9,2019 AGENDA BILL CITY OF BREMERTON 6H CITY COUNCIL SUBJECT: Contract Modification No. 2 to Study Session Date: August 28, 2019 the Professional Services Agreement with COUNCIL MEETING Date: September 4, 2019 Rice Fergus Miller, Inc. for Hazardous Department: PW & U ---------- Material nspection and Reports for Fire Presenter: Tom Knuckey Stations No. 2 and 3 Remodels Phone: (360)473-2376 SUMMARY: On October 17, 2018 the City executed a Professional Services Agreement with Rice Fergus Miller to design an interior remodel of Fire Stations No. 2 and 3. Contract Modification (CM) No. 1 was executed on June 10, 2019 for additional structural engineering and design work, per City DCD for required egress. This proposed Contract Modification No. 2 is to complete a Hazardous Material Inspection and Report for each Fire Station which is required before final design plans and permits can be completed. ATTACHMENTS: 1) Contract Modification Agreement No. 2; 2) AIA Document G802 Amendment to the Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Funds are available for this Modification Agreement within the Fire Public Safety Bond Fund 316 budget of$981,531.00. The total cost of the design is approximately$96,000 and can be absorbed within the existing budget. STUDY SESSION AGENDA: El Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: I] Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification Agreement No. 2 for Hazardous Material Inspections and Reports with Rice Fergus Miller, Inc.; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: In Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CONTRACT MODIFICATION AGREEMENT NO. 02 BETWEEN THE CITY OF BREMERTON AND CONSULTANT PROJECT Design and Engineering Services for the Interior Remodel of Fire Station No. 2 and Fire Station No. 3 Project# 5878 CONSULTANT Rice Fergus Miller, INC. DATE 08/06/2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Consultant on Date and as modified on 08/06/2019 CM No. 02 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See Amended Scope of Work attached as Exhibit A—AIA Document G802 Section II. Term , is modified as follows: No Change Section III. Compensation , is modified as follows: The original contract amount was $69,445.00 Dollars ($ .00). The current contract amount, including all previous amendments is $86,128.25 Dollars ($ .00) The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $9,689.50 Dollars ($ .00) for a total amended contract amount of $95,817.75 Dollars ($ .00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. Page 1 of 2 Contract Modification Rev. 07/18 The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change,and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. f• /6.9 City Engineer/Public Works Director approved to process � (In itials and Date) CONS I LT• '/ r/ THE CITY OF BREMERTON By: By: �1�,-... .� Print ame: %.A�UF::j,, L 1. Print Na e 0‘11.(1,1 2 01°1 Its: J . i. Its: Nla yo Date: . ti. 2 Date: tQP 1201 ct APPROVED AS TO FORM: ATTEST: Byw" By: I /6,/ 00 CL ROGER A. LUBOVICH, Bremerton City Attorney ANGELA MODS, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr. Chris Mottner Title: Inventory/Facilities Supervisor City of Bremerton Engineering Dept. 100 Oyster Bay Ave N. Bremerton, WA 98312 Phone: (360) 473-2346 Fax: (360) 473-5360 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev.07 2018.docx Page 2 of 2 Contract Modification Rev. 07/18 N EAC t+t16 IT A Document G802 - 2017 Amendment to the Professional Services Agreement PROJECT: (name and address) AGREEMENT INFORMATION: AMENDMENT INFORMATION: 2018045.00 Bremerton Fire Department Date:June 26,2018 Amendment Number:02 Planning and Facilities Improvements Bremerton,WA Date:July 25,2019 OWNER: (name and address) ARCHITECT: (name and address) City Of Bremerton Rice Fergus Miller,Inc 345 Sixth Street,Suite 100 275 5th Street,Suite 100 Bremerton,WA 98337 Bremerton,WA 98337 QS q it 5' 1' CM Alb. 2 The Owner and Architect amend the Agreement as follows: Stations 2 and 3: ESHI - Hazmat Good Faith Inspections and Report as noted in attached Exhibit A and B. Rice Fergus Miller will coordinate scheduling; share project/scope information with EHS1;review and comment on each report. The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Fixed fee in the amount of: Station 2: ESHI: $3,720 x 1.10= $4,092 Rice Fergus Miller: $750.00 Total Station 2: $4,842 Station 3: ESHI: $3,725 x 1.10= $4,097.50 Rice Fergus Miller: S750.00 Total Station 3: $4,847.50 Plus reimbursable expenses, plus any applicable sales tax. Schedule Adjustment: No change SIGNATURES: Nice Fel._ „ I 'r,Inc. City of Bremerton RCHIT.C T ' i name) OWNER(Firm name) l _ ATURE SIGNA 414E David A.Fergus,Principal Gce. W\ttXt(' L l 010 r PRINTED NAME AND TITLE PRINTEVNAME AND TITLL r July 23,2019 tea 12,0 11 DATE DATE AIA Document G802T".—2017.Copyright©2000,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:30:40 ET on 07/25/2019 under Order No.8795833327 which expires on 10/31/2019,and is not for resale. User Notes: (3B9ADA62) ehs •A EHS-INTERNATIONAL,INC. FILENAME:19-075 ORIGINAL DATE: 7/25/2019 PROJECT: Bremerton Fire Department-Fire Station 2 Improvements CONTACT: Howard Struve,RFMA AUTHOR: Bill Schroeder/Derica Escamilla ASSIGNMENT: "Good Faith"Inspection and Report. SUMMARY OF FEES AND COSTS Task Subtotals Task 01:Limited HAZMAT Survey Labor $2,253 Task OIR:Limited HAZMAT Survey Reimbursables _ $1,467 Task 01:Limited HAZMAT Survey Total $3,720 Total Proposal $3,720 SCOPE OF WORK & ASSUMPTIONS The following is a Time and Materials"not to exceed"fee proposal from EHS-International,Inc.(EHSI),a hazardous materials and industrial hygiene consulting firm,to Rice Fergus Miller Architecture&Planning(RFMA)for professional hazardous materials consulting services for the Bremerton Fire Department(BFD), Fire Station 2(FS2) Improvements Project.EHSI proposes to accomplish a Limited"Good Faith"Asbestos and Hazmat survey(GFS)as defined by WA State Department of Labor and Industries Division of Occupational Safety and Health(L&I DOSH)for the BSD FS2 Renovation Project,located at 5005 Kitsap Way,Bremerton WA.Based on an email from RFMA's Project Manager,Howard Struve,EHSI understands that BFD plans a renovation of F52.EHSI further understands a majority of the scope for this facility is an interior remodel to create sleep units in an existing dorm room.This proposal provides for a survey,report,and cost estimate only. Depending on EHSI findings we will provide a proposal for design specifications and drawing Pre-bid Services;and construction admin services,based on typical projects of similar scope,but subject to revision with concurrence of the Client for significant changes in scope of work. This Limited Hazardous Materials Survey Report will meet the Washington State"Good Faith Survey"requirements as cited in Revised Code of Washington(RCW)49.26.016 and implemented by L&I DOSH regulation,Washington Administrative Code(WAC)296-62-07721,and Regulation III,Article 4 of the Puget Sound Clean Air Agency (PSCAA). Task 01-Limited Hazardous Material Survey ' 1. EHSI will collect and submit for analysis up to 30 bulk suspect asbestos-containing material(ACM)samples(plus 2 QA samples to an independent lab).Any additional samples that EHSI deems necessary to identify suspect material will only be submitted for analysis with the prior written approval of RFMA,and will be billed at the same time and materials rate as the proposed samples. a.EHSI will review any prior surveys."as-builts"drawings,or renovation records made available by RFMA. b.EHSI will sample all"accessible"suspect ACM from the interior,exterior,and roofs of the structure potentially impacted by the planned renovation. • c.Limited destructive inspection is included in the scope of this proposal including:Floors,ceilings,walls,mechanical systems,and roofing systems.EHSI will assume probable concealed or inaccessible materials to be ACM based on"as built"drawings,or if not available,then on the inspector's experience with similar structures. EHSI will seal sample locations in suspect materials to prevent inadvertent exposure to ACM,but this proposal does not include the repairing or painting minor damage of suspect materials resulting from inspection.For sloped roofs,EHSI will sample sloped 3-tab roofs from the roofs edge,but will not traverse sloped roofs for sampling.Suspect materials not accessible from the roofs edge will be assumed to be ACM.For flat roofs, EHSI will hire a roofing contractor to seal the roof cores to preclude any roof leaks to the occupied building. The roofing contractor will warranty all roof patches for a period of 2 years. d.EHSI will collect and submit to a separate,independent laboratory for analysis,five(5)QA samples for asbestos.All samples will be analyzed on a standard 5-day tum- around time{TAT),unless RFMA requests expedited TAT. e.EHSI will use an x-ray fluorescence spectrometer(XRF)to determine the presence of lead in suspect Lead-containing Paint(LCP)&Lead-containing Materials(LCM).In addition,EHSI will collect and submit for laboratory analysis up to two(2)QA samples of suspect LCP and/or LCM. f EHSI will collect and submit for analysis,up to one(1)samples of brick/CMU mortar for analysis for arsenic(As). g.EHSI will inspect a representative number of each type of impacted fluorescent fixture for PCB-containing ballasts and will quantify all impacted mercury(Hg)-containing light tubes. EHSI will also inspect for and quantify impacted mercury-containing thermostats and PCB-containing oil-filled transformers;however,sampling transformer oil is beyond the scope of this proposal. 2. EHSI will prepare and provide a survey report.including engineer's cost estimate. A preliminary survey report identifying ACM/LCM,LBP/As/PCBs/Hg which will be impacted by the project,will be provided within two weeks of completion of the field survey,with a final report provided upon receipt of final,signed lab reports(approximately 2 weeks later). By my signature below.I authorize the Survey and Report as described herein and grant EHSI approval to proceed,as noted. Howard Struve.RFMA Date ***** PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 1 of 5 ehs4 EHS-INTERNATIONAL,INC. FILENAME:19-075 ORIGINAL DATE: 7/25/2019 PROJECT: Bremerton Fire Department-Fire Station 2 Improvements CONTACT: Howard Struve,RFMA AUTHOR: Bill Schroeder/Derica Escamilla ASSIGNMENT: "Good Faith"Inspection and Report.Design and Pre-bid and CA TASK 01-LIMITED HAZMAT INSPECTION AND REPORT CODE\TASK Technical Sr.PM PM IH Tech CAD Contract Admin Word/IH Asst. Director/CIH I IAZMAT Survey(Including Travel) 0.0 0.0 0.0 7.0 0.0 0.0 7.0 Sample and Survey Preparation 0.0 0.0 0.0 1.0 0.0 0.0 0.5 HAZMAT Survey Report and QA/QC 0.0 1.0 0.0 2.0 0.0 0.0 2.5 Sample Location Drawings 0.0 0.0 0.0 0.0 1.0 0.0 0.5 ACM Quantities&Abatement Cost Est. 0.5 0.0 0.5 1.0 0.0 0.0 1.0 Project Management 0.0 1.0 1.0 0.0 0.0 1.0 0.0 Hour Totals: 0.5 2.0 1.5 11.0 1.0 1.0 11.5 Billing Rate: $145.00 $125.00 S95.00 $80.00 $80.00 $80.00 $65.00 Wage Subtotals: $73 $250 $143 $880 $80 $80 $748 LABOR COSTS: TOTAL DIRECT LABOR: $2,253 OTHER DIRECT COSTS: Courier/FedEx/postage: $25 /delivery 0 deliveries $0 Survey consumables: $20 /day I days S20 ODCs SUBTOTAL: $20 ODCs mark-up 10% $2 EQUIPMENT COSTS: XRF Analyzer $125 /day 1 day $125 Man lift $140 /day 0 days $0 EQUIPMENT COST SUBTOTAL: $125 LABORATORY COSTS:(5-day TAT) Lead sample analysis for QA $12 /sample 2 samples $24 Asbestos bulk sample analysis $6 /sample 30 samples $180 (excluding QA) Asbestos bulk sample analysis(QA) $9 /sample 2 samples $18 Asbestos(Point Count) $25 /sample 3 samples $75 Arsenic bulk sample analysis $19 /sample 1 samples $19 LABORATORY COST SUBTOTAL: $316 Laboratory cost mark-up 20% $63 SUB-CONTRACTORS Core&patch roof with $850 /day 1 day $850 2-year warranty Locate utilities,core& $1,100 /day 0 day $0 patch slab in 3 locations SUB-CONTRACTOR SUBTOTAL: $850 Contractor mark-up 10% $85 TRANSPORTATION COSTS: Ferry fees(2 people) $32 /RT I RT $32 Mileage(5 mi RT--I RT to Lab) $0.580 /mile 10 mi. $6 TRANSPORTATION COST SUBTOTAL: $6 TOTAL REIMBURSABLES: $1,467 TOTAL COSTS,THIS SHEET: $3,720 ***** PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 2 of 5 ehsi. EHS-INTERNATIONAL,INC. FILENAME:19-076 ORIGINAL DATE: 7/25/2019 PROJECT: Bremerton Fire Department-Fire Station 3 Improvements CONTACT: Howard Struve,RFMA AUTHOR: Bill Schroeder/Derica Escamilla ASSIGNMENT: "Good Faith"Inspection and Report,Design and Pre-bid and CA SUMMARY OF FEES AND COSTS Task Subtotals Task 01:Limited HAZMAT Survey Labor $2,253 Task 01 R:Limited HAZMAT Survey Reimbursables $1,473 Task 01:Limited HAZMAT Survey Total $3,725 Total Proposal $3,725 SCOPE OF WORK & ASSUMPTIONS The following is a Time and Materials"not to exceed"fee proposal from EHS-International,Inc.(EHSI),a hazardous materials and industrial hygiene consulting firm,to Rice Fergus Miller Architecture&Planning(RFMA)for professional hazardous materials consulting services for the Bremerton Fire Department(BFD)Fire Station 3(FS 3) Improvements Project.EHSI proposes to accomplish a Limited"Good Faith"Asbestos and Hazmat survey(GFS)as defined by WA State Department of Labor and Industries Division of Occupational Safety and Health(L&I DOSH)of FS 3,located at 3031 Olympus Drive,Bremerton WA.Based on an email from RFMA's Project Manager,Howard Struve,EHSI understands that BFD plans a renovation of FS 3.EHSI further understands a majority of the scope for this facility is an interior remodel to create sleep units in an existing dorm room.This proposal provides for a survey,report,and cost estimate only.Depending on EHSI findings we will provide a proposal for design specifications and drawing Pre-bid Services;and construction admin services,based on typical projects of similar scope,but subject to revision with concurrence of the Client for significant changes in scope of work. This Limited Hazardous Materials Survey Report will meet the Washington State"Good Faith Survey"requirements as cited in Revised Code of Washington(RCW)49.26.016 and implemented by L&I DOSH regulation,Washington Administrative Code(WAC)296-62-07721,and Regulation III,Article 4 of the Puget Sound Clean Air Agency (PSCAA). Task 01-Limited Hazardous Material Survey 1. EHSI will collect and submit for analysis up to 30 bulk samples(plus 2 QA samples to an independent lab)of suspect asbestos-containing material(ACM).Any additional samples that EHSI deems necessary to identify suspect material will only be submitted for analysis with the prior written approval of RFMA,and will be billed at the same time and materials rate as the proposed samples. a.EHSI will review any prior surveys,"as-builts"drawings,or renovation records made available by RFMA. b.EHSI will sample all"accessible"suspect ACM from the interior,exterior,and roofs of the structure potentially impacted by the planned renovation. c.Limited destructive inspection is included in the scope of this proposal including:Floors,ceilings,walls,mechanical systems,and roofing systems.EHSI will assume probable concealed or inaccessible materials to be ACM based on"as built"drawings,or if not available,then on the inspector's experience with similar structures. EHSI will seal sample locations in suspect materials to prevent inadvertent exposure to ACM,but this proposal does not include the repairing or painting minor damage of suspect materials resulting from inspection.For sloped roofs,EHSI will sample sloped 3-tab roofs from the roofs edge,but will not traverse sloped roofs for sampling.Suspect materials not accessible from the roofs edge will be assumed to be ACM.For flat roofs, EHSI will hire a roofing contractor to seal the roof cores to preclude any roof leaks to the occupied building. The roofing contractor will warranty all roof patches for a period of 2 years. d.EHSI will collect and submit to a separate,independent laboratory for analysis,two(2)QA samples for asbestos.All samples will be analyzed on a standard 5-day turn-around time,TAT;,unless RFMA requests expedited TAT. e.EHSI will use an x-ray fluorescence spectrometer(XRF)to determine the presence of lead in suspect Lead-containing Paint(LCP)&Lead-containing Materials(LCM).In addition,EHSI will collect and submit for laboratory analysis up to two(2)QA samples of suspect LCP and/or LCM. f EHSI will collect and submit for analysis,up to one(1)samples of brick/CMU mortar for analysis for arsenic(As). g.EHSI will inspect a representative number of each type of impacted fluorescent fixture for PCB-containing ballasts and will quantify all impacted mercury(Hg)-containing light tubes. EHSI will also inspect for and quantify impacted mercury-containing thermostats and PCB-containing oil-filled transformers;however,sampling transformer oil is beyond the scope of this proposal. 2. EHSI will prepare and provide a survey report,including engineer's cost estimate. A preliminary survey report identifying ACM/LCM,LBP/As/PCBs/Hg which will be impacted by the project,will be provided within two weeks of completion of the field survey,with a final report provided upon receipt of final,signed lab reports(approximately 2 weeks later). By my signature below,I authorize the Survey and Report as described herein and grant EHSI approval to proceed,as noted. Howard Struve,RFMA Date ***** PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 1 of 5 ehsi 4 EHS-INTERNATIONAL,INC. FILENAME:19-076 ORIGINAL DATE: 7/25/2019 PROJECT: Bremerton Fire Department-Fire Station 3 Improvements CONTACT: Howard Struve,RFMA AUTHOR: Bill Schroeder/Derica Escamilla ASSIGNMENT: "Good Faith"Inspection and Report,Design and Pre-bid and CA TASK 01-LIMITED HAZMAT INSPECTION AND REPORT CODE\TASK Technical Sr.PM PM IH Tech CAD Contract Admin Word/IH Asst. Director/CIH HAZMAT Survey(Including Travel) 0.0 0.0 0.0 7.0 0.0 0.0 7.0 Sample and Survey Preparation 0.0 0.0 0.0 1.0 0.0 0.0 0.5 HAZMAT Survey Report and QA/QC 0.0 1.0 0.0 2.0 0.0 0.0 2.5 Sample Location Drawings 0.0 0.0 0.0 0.0 1.0 0.0 0.5 ACM Quantities&Abatement Cost Est. 0.5 0.0 0.5 1.0 0.0 0.0 1.0 Project Management 0.0 1.0 1.0 0.0 0.0 1.0 0.0 Hour Totals: 0.5 2.0 1.5 11.0 1.0 1.0 11.5 Billing Rate: $145.00 $125.00 $95.00 $80.00 $80.00 $80.00 $65.00 Wage Subtotals: $73 $250 $143 $880 $80 $80 $748 ' LABOR COSTS: TOTAL DIRECT LABOR: $2,253 OTHER DIRECT COSTS: Courier/FedEx/postage: $25 /delivery 0 deliveries $0 Survey consumables: $20 /day 1 days $20 ODCs SUBTOTAL: $20 ODCs mark-up 10% $2 EQUIPMENT COSTS: XRF Analyzer $125 /day 1 day $125 Man lift $140 /day 0 days $0 EQUIPMENT COST SUBTOTAL: $125 LABORATORY COSTS:(5-day TAT) Lead sample analysis for QA $12 /sample 2 samples $24 Asbestos bulk sample analysis $6 /sample 30 samples $180 (excluding QA) Asbestos bulk sample analysis(QA) $9 /sample 2 samples $18 Asbestos(Point Count) $25 /sample 3 samples $75 Arsenic bulk sample analysis $19 /sample 1 samples $19 LABORATORY COST SUBTOTAL: $316 Laboratory cost mark-up 20% $63 SUB-CONTRACTORS Core&patch roof with $850 /day 1 day $850 2-year warranty Locate utilities,core& $1,100 /day 0 day $0 patch slab in 3 locations SUB-CONTRACTOR SUBTOTAL: $850 Contractor mark-up 10% $85 TRANSPORTATION COSTS: Ferry fees(1 person) $32 /RT 1 RT $32 Mileage(7 mi RT+1 RT to Lab) $0.580 20 mi. $12 TRANSPORTATION COST SUBTOTAL: $12 TOTAL REIMBURSABLES: $1,473 TOTAL COSTS,THIS SHEET: $3,725 ***** PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL***** 2 of 5